A jury on Monday convicted a Cheektowaga man of first-degree assault in a road rage stabbing last summer at a gas station in Buffalo’s Lovejoy neighborhood.
The State Supreme Court jury returned the verdict against Benjamin Addison, 40, of Cayuga Creek Road, in connection with the Aug. 12 attack at the gas station on William Street, according to Erie County District Attorney Frank A. Sedita III.
Prosecutors said the victim, Anthony Osbourn, was pulling out of the gas station as Addison pulled in. They nearly collided and the two exchanged words. Addison, armed with a knife, got out of his vehicle and chased Osbourn. Prosecutors said he tackled Osbourn and stabbed him in the chest, collapsing the victim’s lungs.
Besides assault, Addison was charged with attempted murder.
But Sedita said Justice Russell P. Buscaglia granted a defense motion to dismiss that charge. The judge ruled the prosecution did not prove an intent to kill the victim, despite evidence that Addison had yelled, “I’m going to ... kill you,” while repeatedly stabbing Osbourn, Sedita said.
Osbourn was not armed.
Addison, who has a previous felony conviction, faces a minimum of eight years in prison and a maximum of 25 years when sentenced Aug. 20, according to Assistant District Attorney John P. Gerken Jr.
Addison remains held without bail.